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(영문) 대구지방법원 2020.11.25 2020고정1043
관세법위반
Text

[Defendant A] The defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation engaged in export and import business in Daegu-gu, Daegu-gu, and the defendant A (hereinafter referred to as "defendant A") is the representative of the above company.

1. When a person intends to export goods, he shall file a false declaration with the head of the relevant customs office on the name, standard, quantity and price of the goods concerned, the storage place of goods, and other matters prescribed by Presidential Decree, and shall not file a false declaration;

On February 25, 2020, the Defendant reported to the Daegu Customs Office the export declaration number D, 90,000 of Mack for health use (won 92,236,747) to the Chinese Customer E, and filed a false declaration as to the storage place of the goods, respectively, even if the Mack was not shipped from the factory because it was not manufactured or produced. On the same day, the Defendant reported the export declaration number G of 10,000 Mack for health use (won 107,59,534) to the Chinese Customer H, and filed a false declaration as to the storage place of the goods.

2. On February 25, 2020, the Defendant Company B, a representative of the Defendant, committed a violation as referred to in paragraph (1) of the above Article in relation to the Defendant’s business.

Summary of Evidence

1. The defendant A's partial statement

1. The accusation, the official text requesting the investigation of the case of false export declaration, the false report on the detection of the export declaration of Mak for health, the export declaration of the stock company B and export details, the I's confirmation, the goods supply contract, the goods supply contract, the contents of the revised notification of the Food and Drug Center, and the reasons of the J's K;

1. Each investigation report (the defendant and his defense counsel are limited to the defendant A (hereinafter referred to as the "defendant").

The export declaration of this case was known to have been manufactured, shipped, and stored in the place indicated in the report, and thus, there was no intention in violation of the Customs Act, and the representative is the representative.

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